Aborginal Women Protest Dump Site 41

CALLING ALL FIRST NATIONS PEOPLE OF CANADAThe Anishinabe Women, Keepers of the Water, need your support!

Sunday, May 10, 2009.Concession 2, Tiny Township, Ontario, Canada

My name is Vicki Monague and I am apart of 5 Anishinabe Kweag from Christian Island, Ontario who are making a stand for the Water where the purest water in the world is being threatened here by Dump Site 41 ( www.stopdumpsite41.ca ).

This dump site has been approved by Ontario's McGuinty Government and is currently under production. It is slated to start receiving the waste products of 4 municipalities the County of Simcoe later this year. This ‘debated, reviewed and approved' landfill site is being built on top of the World's Purest Water source, the Alliston Aquifer, which runs from Georgian Bay right to the Oak Ridges Moraine and affects all the Great Lakes of Ontario. This Aquifer is part of a larger, deeper hydro geological system. In the territory of the County of Simcoe is three First Nation Communities; Rama, Georgina Island and Beausoleil.

Some major components of the approved site plan has already been proven to be ineffective when it was implemented in Cache Creek, British Columbia in 1989. This site was built in arid climate zone and in a natural depression with a sealed liner which was thought to be secure from leaks. Researchers found traces of leachate almost everywhere they looked outside the dump site as well as underground water. Contaminants in the underground water system were found as close as 2 kilometers away from Ashcroft Indian Reserve, near Cache Creek.

With the Alliston Aquifer running directly below in to every major body of water in Central Ontario, there is very real danger of the World's Purest Water Source becoming contaminated. As Anishinabe Women, it is our duty to stand up for the water to ensure its preservation for generations to come. As First Nations people, it is our duty to protect the land. Site 41 is not only raping Mother Earth, it will also give her the disease called leachate for which the affects could be felt for many, many generations to come.

A group of 30 native and Metis people have been holding vigil at Site 41 in Tiny Township for the past three days in what was to be a weekend Peaceful Protest. However, it seems very clear to us that our work is not done and we are going to continue to hold vigil over Site 41 until the Federal Government stands up for the Rights of First Nations People and overturns the Province of Ontario's decision of approval for Site 41.

We have been receiving the support of well over 40 non-native local community members all weekend long who have taken part in our Water Ceremonies and our Songs from the Drum. To my knowledge, this is the first time in Canada that the Non-Native People and First Nations have taken a stand in this region, side-by-side, against the levels of Government. We will continue to stand unified with our White Brothers and Sisters against Site 41.

Our voices have also been heard by Native Elders in Utah and California and we are quickly gaining support from other First Nation communities. Our Sacred Fire has been lit and will continue to burn until our demands are met. We are now inviting all First Nations People in Canada to come and take part in our Peaceful Protest of Site 41. Your First Nations Women need your support. We are going to protect our Heritage Land!

Not that it matters for the water table, but I'd like to know where the toxic waste is coming from. I read several years ago that Toronto and Montreal accept somewhere over 600,000 metric tonnes of toxic waste from the US every year for "processing" If it's good garbage, they should shove it up their derrieres sideways. A good thing cant hurt.

Posted By Douglas Glynn, Midland Free Press
ELMVALE - A group of concerned citizens from Christian Island who oppose the North Simcoe Landfill, also known as Site 41, have established a permanent campsite at the entrance to Site 41 - and have put the call out to other First Nations people across the country to join with them.

Vicki Monague, the group's spokesperson, said they are holding a peaceful protest and intend to stay until the plan to open the landfill is stopped.

"We will continue to hold ceremonies and to drum," she said.

Monague has appealed to First Nations people across Canada to come to the campsite and support the protest because "the water is being threatened.

"We want the federal government to intervene on behalf of First Nations people to protect the Alliston aquifer," she said.

About 25 members of the group set up camp in a farm field opposite the dump on Friday to protest the landfill. But what was to have been a weekend of ceremonies to honour the water, moon, the sun and the earth has quickly become a permanent campsite.

On Monday, July 6th, 2009 it was decided that a blockade at all entrances to Site 41 would be erected . This is in response to the Federal Government NOT taking action to protect the natural resources of First Nations People. The Federal Government and the Province of Ontarion BOTH have a duty to consult First Nations people in terms of land and natural resources.

A Certificate of Approval for Dump Site 41 should never have been issued without first consulting the surrounding First Nations as it will adversely affect the drinking water supplies of Lake Simcoe and Georgian Bay. It also has the potential to adversely affect the whole eco-system of Central Ontario. This water has been proven to be the purest in the World. This is a resource the needs to be protected.

Facts,-We know all liners leak and this WILL POLLUTE OUR WATER-We know the Province of Ontario, specifically the Ministry of Environment is in bed with the County of Simcoe and this is CORRUPTION ON THESE TWO GOVERNING BODIES-We know the ALOT of people stand to make ALOT of money of this landfill site-We know that there are plans for an integrated waste management system-WE KNOW WE NEED TO STOP THIS NOW!

THIS IS A PERMANENT BLOCKADE UNTIL THE FEDERAL GOVERNMENT, SPECIFICALLY PRIME MINISTER STEPHEN HARPER INTERVENES AND REVOKES THE CERTIFICATE OF APPROVAL FOR DUMP SITE 41.

We desperately need people to help us man gates. This is a peaceful blockade without the use of weapons, drugs or alcohol. We encourage families to attend and sit on the side of the road by the cedar trail out of harms way of passing motorists. Gates are blocked 24 hours a day, 7 days a week.

At this point, we know there are negotiations between the County of Simcoe and the OPP, however, because of the demographics of people and the amount of people there they have taken no action to intervene. As long as we remain peaceful and keep our numbers up, the more of a chance we have at winning this battle.

The Federal Government needs to intervene with the Province of Ontario and have the Certificate of Approval revoked on the basis that First Nations people WERE NOT CONSULTED and under the basis that the Federal Government has a duty to protect our natural resources, including water.

THIS IS WHAT WE HAVE BEEN ASKING OF THE FEDERAL GOVERNMENT OF CANADA FOR THE PAST 67 DAYS OF PROTESTING AT SITE 41.

As stated in many previous updates, we all know that the Province of Ontario, specifically the Ministry of Environment are the culprits who issued the Certificate of Approval for the County of Simcoe Landfill Site 41.

"It's not too late to stop this imminent threat to Georgian Bay and the purest groundwater in the world!

Come out to dumpsite 41 on Saturday July 25 for the Rally! We are advocating for a one year moratorium on the issue. Speakers include:*First Nations speakers*Maude Barlow, first Senior Advisor on Water on the United Nations and Council of Canadians Chairperson* David Crombie, former Toronto Mayor and federal cabinet ministeretc.

Fill a car, bring your entire household,- as well as lawn chairs and a water glass to toast the best groundwater in the world!

Although ordered by the Ontario Information and Privacy Commissioner to do so, Jagger Hims [the company Simcoe County contracted for Site 41 groundwater analysis] has refused to release their ModFlow groundwater analysis to the public. The County-created Community Monitoring Committee has contested the company's claims regarding groundflow information, a key component to the structural integrity of the proposed dump site in relation to the aquifer.

The Council of Canadians has discovered that Genivar [a major landfill development company] recently aqcuired both Jagger Hims and Henderson Paddon [the company the County has hired for all its Landfill Site designs including Site 41].full press release here

On Friday, Tiny Township Mayor Peggy Breckenridge sent an email to Simcoe County Warden Tony Geurgis, urging an emergency meeting of County Council be called to deal with the concerns surrounding Site 41. On Monday, Tiny Township Council passed a resolution urging the Province to intervene to stop the dump site.Full Article

Thanks for the info steady_diet. So no injunction but threatening to arrest on mischeif charge. Interesting. I smell the garbage getting closer and the police getting more desperate to get the protestors out of the way.

Now that the OPP have set the precident for clearing FN protestors off land with KI, Sharbot Lake, Cayuga etc sounds like they are now brave enough to threaten to go forward without an injunction.

I think it's a mistake to focus on the police as if they are calling the shots. They have a role to play, but it's the local politicians who approved the dump and who are pushing for police action who need to be held to account. Today the County obtained a temporary injunction against the blockade: http://www.barrieadvance.com/barrieadvance/article/141583

Prior to the KI, Sharbot Lake and Cayuga (and Brantford) the police did not arrest and target the people who were leaders in their community.

If you are writing about me you are the one that implied I focus on the police, which I do not. If you review the thread you will see that I have posted about other parties that are responsible. If you are talking about my post #14 - at that point when I posted there was no injunction against the protestors so it WAS purely police discretion - nobody was telling them to arrest or threaten to arrest the protestors at that point and that was what I choose to talk about in that post (I do not need to bring up every issue I have already posted or others have already posted in every post I write). Thus the focus in that post on the police making the decision. Now it is the courts discretion (which apparently they have made their decision) and the OPP's discretion on whether they will follow the court and arrest or the Ipperwash Inquiry which they have followed in the past

WHEN ABORIGINAL OCCUPATIONS AND PROTESTS DO OCCUR, HOW THEY ARE POLICED IS IMPORTANT TO ALL ONTARIANS. THE OBJECTIVES OF POLICE SERVICES AND POLICE LEADERS DURING ABORIGINAL PROTESTS AND OCCUPATIONS SHOULD BE TO MINIMIZE THE RISK OF VIOLENCE, TO FACILITATE THE EXERCISE OF CONSTITUTIONALLY PROTECTED RIGHTS, INCLUDING TREATY AND ABORIGINAL RIGHTS AND THE RIGHT TO PEACEFUL ASSEMBLY, TO PRESERVE AND RESTORE PUBLIC ORDER, TO REMAIN NEUTRAL AS TO THE UNDERLYING GRIEVANCE, AND, IF POSSIBLE, TO FACILITATE THE BUILDING OF TRUSTING RELATIONSHIPS THAT WILL ASSIST THE PARTIES IN RESOLVING THE DISPUTE CONSTRUCTIVELY.

POLICE STRATEGY FOR ABORIGINAL OCCUPATIONS AND PROTESTS SHOULD EMPHASIZE THE DEVELOPMENT OF COMMUNICATION NETWORKS AND TRUSTING RELATIONSHIPS WITH ABORIGINAL PEOPLE BEFORE, DURING, AND AFTER PROTESTS. THIS APPROACH NECESSARILY INVOLVES ONGOING COMMUNICATION, COLLABORATION, AND PARTNERSHIPS WITH FIRST NATIONS AND ABORIGINAL LEADERS AND COMMUNITIES.

The police are not willing to stand up and do what they should be doing - following the Ipperwash Report recomendations. Just because there are other players in the game who are trashing the Ipperwash Report who also need to be held accountable doesn't mean the police shouldn't be held accountable for their decisions and actions.

I hope to God another inquiry is called and if it is I can guarantee the report will not state - and the police were just the victims, only following orders.

If you are talking about the entire thread focusing on the police you are the one implying it but the thread does not focus on the police. Perhaps you should read it again because there are various posts about the provincial government who is approving and pushing it through, about the various companies involved and the federal government who is not intervening.

An injunction was filed today for me, Anne and Jon and Jane Doe to take down the current blockade in place.

We know Site 41 is an illegal landfill on the basis that First Nations (Beausoleil) was not consulted and this will affect our drinking water supply and our commercial fisheries. We know Site 41 leachate will flow to Georgian Bay via the Wye River and the MacDonald watershed. I have also received information today that there is no warranty on the liner, direct from the manufacturer. We know this will contaminate Georgian Bay.

We also know that another First Nation has an land claim in this area with hunting, fishing and harvesting rights. This First Nation should have also been consulted.

We also know that the vote on Site 41 was only for preliminary work on Site 41 and not the actual construction itself. Site 41 has no By-law or Motion at the County level to approve it.

We also know that the filing of this injuction is a staff action and not an action by the County of Simcoe itself.

Right now, I need legal help. I need assistance with legal expenses. I need a lawyer well versed in First Nations Rights and Issues.

Currently, I have not been formally served papers, although I have seen them and my name is front and centre.

The injuction is very important to expose the current issues related to Dump Site 41 and is a very important component to stopping this atrocity.

If I loose this opportunity due to lack of legal representation or money for retaining legal counsel, the whole Site 41 issue may loose a very important opportunity to shut it down permanently.

Our protesters blocking gates are doing so to protect the life-giving source of water for future generations. It will be our children who feel the affects of contamination. Our protesters are protecting mother earth and a peaceful and orderly manner.

I know people are probably getting frustrated by the amount of messages this group sends out , however, when things have been happening as fast as it has at "Site 41" it is necessary that the group keep ALL members who care about this issue informed and this is best means for doing so.

With that said, Vicki Monague is apologizing for the misinterpretation of a message that was sent earlier. Vicki had alloted responsibility for someone to update her Facebook account and change her status and the message was misintrepreted. I, personally, have spoken to her (she is my sister) She asked that I clarify what was said earlier about arrests and promisary notes being signed. THIS IS NOT THE CASE!

OPP were present this morning at the gates of "Site 41" to read over the "Riot act" and go over details of the injunction. Not to perform arrests or get protestors to sign anything!

People have asked why blockading was necessary, the act of blockading the gates in the first place was necessary to deter the dewatering process. The dewatering process is now taking it's toll on local wells and springs. Individuals have taken it upon themselves to continue to block the gates. It is up to the individuals as to whether or not to remain at the gates blockading. For the people that asked, hopefully that provides clarity.

Again, apologies for the miscommunication, hopefully this message has provided a sense of clarity to you and has fulfilled it's objective of correcting the misinterpreted message sent earlier. Your continued support for this cause is greatly appreciated!

"It's not too late to stop this imminent threat to Georgian Bay and the purest groundwater in the world!

Come out to dumpsite 41 on Saturday July 25 for the Rally! We are advocating for a one year moratorium on the issue. Speakers include:*First Nations speakers*Maude Barlow, first Senior Advisor on Water on the United Nations and Council of Canadians Chairperson* David Crombie, former Toronto Mayor and federal cabinet ministeretc.

Fill a car, bring your entire household,- as well as lawn chairs and a water glass to toast the best groundwater in the world!

The rally went well yesterday, about 4 or 5000 people they said, though media reports are only saying 1000. I haven't gotten back to my computer to post any articles on the rally but will do if anyone hasn't posted one by then. I didn't make it to the rally because of an accident on the 400 which closed traffic for all but one lane for 10 hours yesterday so I went directly to the camp.

It rained all yesterday and today - even some hail today! But there have been some sunny spots and a beautiful rainbow all across the sky yesterday. They had some wonderful drumming and a lot of stories yesterday as everyone took cover from the rain it gave plenty of opportunity for listening.

It is important to note they mentioned that anyone who wants to come to the camp and support is more than welcome and really wanted and if there is fear about coming into conflict with the injunction they can freely visit the site as the injunction is specifically for blocking entrance to the site and the camp is across from the site at a private landowners farm where there is no injunction.

It was said yesterday that it really helps the people at the site to have visitors so they can see the support.

Thanks for the update Refuge. I wasn't at the rally but hear it was great. In other news, the First Nations protesters have retained legal counsel to represent them in the injunction proceedings on Wednesday. They've retained Peter Rosenthal, who has represented Shawn Brant for the past few years, and Chris Reid, who represents KI and Bob Lovelace and the Ardoch Algonquins.

More than 1,200 people attending a rally here Saturday opposing the North Simcoe Landfill, formerly known as Site 41, sent an unequivocal message to Premier Dalton McGuinty.

Halt dump Site 41.

Those at the rally cheered as speakers called for a moratorium on construction at the controversial landfill to allow for a thorough review.

The event attracted not only a large crowd, but it was the focus of national media coverage. That's a sign, says Maude Barlow, Council of Canadians chairperson, that Site 41 is gaining wider attention.

Barlow, senior advisor on water to the President of the United Nations, questioned the evidence being relied on by Simcoe County and Ontario's Ministry of the Environment to justify proceeding with the dump.

"They say it's safe to dump there. That is not true," she said. "We have information about the water table, but we can't get the computer model they are relying on. Jagger Hims (the company that carried out the testing) won't release it, even though Ontario's privacy commissioner has ordered that it be released.

Cool weather has not chilled hot passions in a showdown in the rolling hills of Simcoe county's Tiny Township.

There, First Nations women, farmers, local residents, seniors and students have come together to protest Site 41 - a planned dumpsite that will sit atop the Alliston aquifer, an underground water reservoir that extends from Georgian Bay to Lake Simcoe and the Oak Ridges Moraine.

Site 41 has been hotly contested for more than 15 years, but the Ministry of the Environment finally signed off on the permit and a badly divided county council allowed excavation to begin in early summer.

Recently, a growing chorus of voices has called for a one-year moratorium in order to hold the public hearings that never took place and to allow for an independent scientific assessment of the model used to grant the permit, which has never been made public. Proponents of Site 41 question the reason for a moratorium and claim they know enough about the project to move ahead.

However, there are several new developments that would justify a moratorium.

First, the permit was granted on the belief that the water in the aquitard (below the surface but above the aquifer) flows upward, and that garbage will pose no threat to the aquifer. It was in fact a condition for granting the permit that the site have uninterrupted "upward gradients."

However, several recent observations tell a different story. A monitoring well on the site shows signs that there is a connection between the upper groundwater and the aquifer, which would be a violation of the permit conditions.

In fact, an independent hydrogeologist, the late David Charlesworth, warned county council that water in the aquitard was in some places flowing downward, which could put the aquifer at risk. The method used to grant the Site 41 permit was "fundamentally flawed," he declared.

..............

Finally, opposition to Site 41 has grown dramatically. In a recent online poll, 85 per cent of local residents supported the blockade to stop construction. Politicians from all political parties, provincial and federal environmental groups and respected leaders such as David Suzuki have come together to protect the aquifer, the source of drinking water so clean that it is referred to as "reference water" - the gold standard of water quality - by a university laboratory in Germany.

Does Simcoe County Council want to be known as the community that put a dumpsite on the purist water in the world? Or can we all step back now and call a one-year halt while we decide how best to be stewards of this water for the future?

Former Toronto mayor David Crombie is a resident of Tiny Township. Maude Barlow is senior adviser on water to the president of the UN and national chairperson of the Council of Canadians.

Court is coming up tomorrow. They are hoping for an injunction against the dump so that no work can be done based on the environmental concerns. I am not really up to speed on environmental law so I don't know how likely or unlikely this is to happen on Wednesday.

Looking at other FN cases though, I am unfortunately not to hopeful that the injunction against the protestors will be lifted as there was not lifting of the injunction in Sharbot lake (or KI I believe) or Haggersville or Brantford and the injunction was only disolved in Caledonia because the province bought the property (and even that was a fight with the Judge to get it disolved even though all parties agreed to it).

Around camp the talk was that everyone is looking to Wednesday to see what happens in court.

Well, as everyone knows by now, the County of Simcoe has filed an application for Injunction to the blockade at Site 41, naming myself and a local dairy farmer, Anne Ritchie-Nahuis as the defendants.

I think the County of Simcoe can put as many injuctions on me as they want, they will not stop me from protecting the water, and protecting the generations yet to come. We will, without a doubt in my mind, Stop Dump Site 41.

Please come and show your support for Anne, Myself, Jane Doe, John Doe and everyone at the blockades. They will not come down until Site 41 is stopped permanently.

Make some noise and make sure the culprits, Rob McCullough and his team of big-wig lawyers hear you!

The crown wants to adjourn for two weeks. Viki's side said that is fine as long as the judge drops the injunction. Ann's side said that's fine as long as they put stipulations in that the county can do no work until they adjourn. The county said they didn't want either of those and will procede even though they aren't ready if the judge decides to include either in the adjournment. The judge is coming back with his decision at 2:00.

The judge kept the injunction in and the city can work at the site. They will be back in court for further arguments on the "temporary injunction" August 13th and 14th at 9:30. Reactions from the site and protestors involved still to come.......

Thanks for the updates Refuge. I thought Rosenthal did a great job on behalf of Vicki, but this judge seems determined to enforce the County's claim to the site and ensure that protesters cannot in any way interfere with the construction and operation of the dump. His closing sermon about the "rule of law" was a completely one-sided rant about the need for dump opponents to "obey the law". He totally ignored the more nuanced description of the rule of law by the Court of Appeal in the Frontenac (KI and Ardoch/Lovelace) case. The outcome on August 14 is not much in doubt, but then it was always much more likely in this case that victory would be won by having a new vote of the municipal council rather than convincing a judge to stop the dump. The court proceedings are still useful in exposing the County's underhanded tactics and the risks posed by the dump.

He was arrested by the police so I am assuming they are criminal charges but I am trying to find out what they are. He was arrested off site on Thursday night.

I also heard that 11 people have been added to the injunction and am also trying to find out who.

edited to add: sorry remind, just realized my answer to you wasn't very clear. I know that he has been involved at sitting at the gates, not sure if he was actually involved with blocking the trucks but the charges would stem out of that. The cops had threatened to charge people with mischief before and they can charge with criminal contempt since there is an injunction in place (as they have done down at Brantford) but I am not sure right now what they charged him with.

Just saw an article the cops are saying that he is charged with mischeif and intimidation with an unrelated blocking of roads and access to property. WTF! They are telling the media that it has nothing to do with Site 41! Filling the media with propoganda it sounds like to me to make it seem as if the protestors and people who just wake up one day and say hey, think that I will block a road and not let somone on their property today.

Please! What a coincidence - he is charged with exactly what was threatened at the site and not allowed back at the site but really it is a completely unrelated matter!

This is bullshit. He was picked up on an unrelated matter but when he was brought to the cop shop they didn't follow through on the complaint that brought him there - they charged him with mischief and intimidation for blocking roads and not allowing access to property. He is not allowed back to site 41. Unrelated mattter my ass!

His court date is in October so he is suppose to stay away from the camp until then at least (even though the camp is not covered under the injunction, only blocking the gates).

In terms of the camp, everyone is still there and still doesn't want a dump. The gates are being watched for activity but other than some supervisors showing up the Thursday after the injunction (and turned away) there has been no attempts to try and get into the dump to do new construction to continue the process of the dump.

A hundred fifty plus people met at the gate this morning to accompany the elderly couple to the OPP detachment to turn themselves in. If anyone has links to any articles it would be appreciated if they could post them.

Vicki Monague is to be charged tomorrow with intimidation and mischief. If she agrees to an undertaking to stay at least 1 km away from the site, she will be released immediately on a promise to appear for her trial. If she refuses she will be held until a bail hearing can be held.